DUI Discovery Sanctions for Destroying Police Radio Communications Evidence
In People v. Schambow, 305 Ill. App. 3d 763, 766, 239 Ill. Dec. 525, 714 N.E.2d 83 (1999), the defendant was charged with DUI, and the Secretary of State summarily suspended his driving privileges.
The trial court rescinded the suspension as a discovery sanction after the State inadvertently destroyed a subpoenaed audiotape of radio communications between the arresting officer and the police headquarters. This court reversed the rescission, concluding that a less oppressive discovery sanction was available that would have permitted a hearing on the merits without prejudicing the defendant. Schambow, 305 Ill. App. 3d at 769.